✨ Miscellaneous Notices
Oct. 29.]\n\nDefence Rifle Club accepted.\n---\nDepartment of Defence,\nWellington, 21st October, 1931.\nHIS Excellency the Governor-General has been pleased\nto accept the services of the undermentioned Defence\nRifle Club, under section 43, Defence Act, 1909 :--\nY.M.C.A. Hydro Defence Rifle Club, with headquarters\nat Waitaki Hydro, North Otago. Dated 20th August,\n1931.\nJOHN G. COBBE, Minister of Defence.\n---\nNotification of Approval of Rules, Auckland Acclimatization\nSociety.\n---\nDepartment of Internal Affairs,\nWellington, 29th October, 1931:\nPURSUANT to the provisions of section 25 of the Animals\nProtection and Game Act, 1921-22, I hereby notify\nthat copies of the rules made by the Auckland Acclimatization\nSociety on the 10th September, 1931, have been forwarded\nto me, and were approved on the 22nd day of October, 1931.\nADAM HAMILTON,\nMinister of Internal Affairs.\n(I.A. 25/55/23.)\n---\nARTICLES OF AGREEMENT made the 27th day of October,\n1931, between HIS MAJESTY THE KING, acting through\nTHE HONOURABLE THE MINISTER OF TRANSPORT, of the\none part, and the several companies and corporate bodies\ncarrying on in New Zealand the business of accident in-\nsurers by or on behalf of which these presents are executed,\nof the other part.\nWHEREAS it is expedient to make arrangements in\nconnection with claims in respect of death or bodily\ninjury caused by the use in New Zealand of motor-vehicles\nthat cannot be identified:\nNow, therefore, it is hereby agreed between the parties\nhereto as follows :--\n(1) Where any person (hereinafter called “the claimant”)\nalleges--\n(a) That a person unknown would, if ascertainable, be under\na legal liability to him on account of the death of\nany person or of bodily injury to any person, and that\nsuch death or bodily injury was sustained or caused\nby or through or in connection with the use of a\nmotor-vehicle in New Zealand ; and\n(b) That it is impossible to identify such motor-vehicle ;\nand\n(c) That such legal liability arose when registration-plates\nwere attached to such motor-vehicle in manner for\nthe time being prescribed by law ; and\n(d) That such registration-plates were issued in respect of\na period during which such legal liability arose ;\nthen the underwriters who are parties hereto (hereinafter\nseverally and collectively called “the underwriters”) agree\nthat the matter shall be dealt with in accordance with the\nprovisions hereinafter set out.\n(2) The claimant shall, within seven days of the date of\nthe accident, transmit by registered post, and addressed to\nthe Commissioner of Transport at Wellington, a statement in\nwriting signed by him or his solicitor, or some other person\non his behalf.\n(3) In special circumstances the Minister of Transport may\nextend the period of seven days prescribed by clause (2)\nhereof for such times as he may think equitable, but so that\nin no case shall the period within which the statement is to\nbe transmitted to the Commissioner exceed fourteen days\nfrom the date of the accident.\n(4) Such statement shall set forth full particulars of the\ncircumstances upon which the claimant relies to show that\nhis claim is one that should be dealt with under the provisions\nhereof, including such particulars of time, place, names and\naddresses of persons, and other circumstances as will suffice\nto inform the underwriters of the particular grounds of legal\nliability alleged, such as the particular respects in which the\nclaimant alleges that the person in charge of the motor-\nvehicle was negligent, and also setting forth the amount and\nfull details of his claim.\n(5) Where the claim is made on account of the death of\nany person the statement shall also contain full particulars\nof the person or persons for whom and on whose behalf the\nclaim is made.\n(6) In every case such statement shall contain an under-\ntaking that the claimant and the other persons (if any) for\nwhom and on whose behalf the claim is made--\n(a) Will accept the award of the arbitrators hereinafter\nreferred to and the amount (if any) payable under\nsuch award in full satisfaction and discharge of all\nexisting or subsequent claims or demands on the part\nof such claimant and other persons (if any) in respect\nof or arising out of the accident mentioned in such\nstatement against the driver of and the owner of\nsuch motor-vehicle, and against any other person\nwho may be liable in respect of the accident, and\nwhether the identity of such driver, owner, or other\nperson is known or not ; and\n(b) Will, upon the publication of the said award and the\npayment of the amount (if any) payable thereunder,\nexecute an agreement with the Commissioner of\nTransport as provided by clause (19) hereof.\n(7) The Commissioner shall forthwith send a copy of the\nstatement to the State Fire Insurance General Manager on\nbehalf of the underwriters, and the claim shall thereupon be\nreferred to arbitration in accordance with the provisions\nhereinafter set out. The reference shall be to three arbitrators\nwho, after the receipt from the Commissioner by the said\nGeneral Manager on behalf of the underwriters of the state-\nment referred to in clause (2) hereof, shall be appointed in\nthe manner hereinafter provided before any step is taken in\nthe reference.\n(8) One arbitrator shall be appointed by the claimant ;\none arbitrator shall be appointed for the underwriters in the\nmanner hereinafter provided ; and the third arbitrator shall\nbe a Stipendiary Magistrate who shall be appointed by the\nMinister of Transport. If the three arbitrators cannot all\nagree, an award made by any two of them shall be sufficient.\nThe reference to the arbitrators shall be deemed to be a\nsubmission within the meaning of the Arbitration Act, 1908,\nand the provisions of that Act shall, so far as applicable,\napply to the arbitration and all proceedings thereunder. For\nthe purpose of giving or receiving any notice or taking any\nsteps in the arbitration proceedings, the parties shall respec-\ntively be deemed to be the claimant and the committee\nhereinafter referred to.\n(9) If either party shall refuse or neglect to appoint an\narbitrator within twenty-eight days after the other party\nshall have appointed an arbitrator, and served a written\nnotice upon such first-named party requiring him to appoint\nan arbitrator, then, upon such failure, the party making the\nrequest and having himself appointed an arbitrator, may\nappoint another arbitrator to act on behalf of the party so\nfailing to appoint, and the arbitrator so appointed may pro-\nceed and act in all respects as if he had been appointed by\nthe person so failing to make such appointment.\n(10) The arbitrator to be appointed for the underwriters\nshall be appointed by a committee of four persons, of which\ncommittee one member shall be appointed by the Council\nof Fire and Accident Underwriters’ Associations of New\nZealand, one member by the State Fire Insurance General\nManager, one member by Bennie S. Cohen and Son (N.Z.),\nLimited, and one member by the New Zealand Medical\nAssurance Society, the North Island Motor Union Mutual\nInsurance Company, the South Island Motor Union Mutual\nInsurance Association, and the Wairarapa Automobile\nAssociation Mutual Insurance Company.\n(11) The appointments of members of the said Committee\nshall be made from time to time by notice in writing to the\nMinister of Transport, and every person so appointed shall\ncontinue a member until the appointment of a person to\nsupersede him has been made as hereby provided, and the\ndeclaration of the Minister as to the validity or regularity of\nany appointment shall be final and conclusive. In the case\nof a member to be appointed by the said council, the instru-\nment of appointment shall be executed by the chairman or\nvice-chairman thereof. In the case of the fourth member, the\nmanagers or secretaries of the bodies charged with his appoint-\nment shall from time to time, when required by the Minister\nso to do, submit to the Minister the name of any person whose\nappointment is desired, and in the event of more than one\nname being so submitted the Minister shall select and appoint\none of the persons whose names are so submitted.\n(12) The arbitrators shall first determine whether the\nclaimant has proved to their satisfaction all the matters\nreferred to in clause (1) hereof and has complied with all the\nprovisions contained in clauses (2) to (6) hereof inclusive, so far\nas applicable, and if they determine that he has proved all such\nmatters to their satisfaction, and has complied with all such\nprovisions, they shall then determine as being their award\nunder the reference the amount (if any) for which the owner\nof the vehicle would (if the vehicle were identifiable) be\nlegally liable to the claimant, provided that no greater amount\nshall be awarded than would be the measure of the legal\nliability of such owner if the vehicle were identifiable.\n(13) It is an express term and condition of all proceedings\npursuant to the provisions hereof and of every reference to\narbitration as aforesaid--\n(a) That no award shall be made in favour of the claimant\nunless the claimant first proves to the satisfaction of\nthe arbitrators all the matters referred to in clause (1)\n
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VUW Te Waharoa —
NZ Gazette 1931, No 78
NZLII —
NZ Gazette 1931, No 78
✨ LLM interpretation of page content
🛡️ Acceptance of Defence Rifle Club
🛡️ Defence & Military21 October 1931
Defence Rifle Club, Y.M.C.A. Hydro Defence Rifle Club, Waitaki Hydro, North Otago
- John G. Cobbe, Minister of Defence
🌾 Approval of Rules for Auckland Acclimatization Society
🌾 Primary Industries & Resources29 October 1931
Auckland Acclimatization Society, Animals Protection and Game Act, Rules Approval
- Adam Hamilton, Minister of Internal Affairs
🚂 Articles of Agreement for Motor-Vehicle Claims
🚂 Transport & Communications27 October 1931
Motor-vehicle claims, Arbitration, Accident insurance, Commissioner of Transport
- The Honourable the Minister of Transport